Holloway v. McElroy

I fully concur in all that the majority holds in Divisions 1, 2, 3 and 4. I disagree, however, with the majority’s opinion as to the general grounds and would reverse the judgment of conviction as not being supported by the evidence.

The record reveals the following evidence was elicited at the trial: Appellant phoned the sheriff’s office to report an incident at his father’s home, where he was caretaking during his father’s stay in the hospital. The deputy sheriff responded to the call and found the decedent lying in the doorway of the house. The appellant made a statement to the officer to…